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City and County of San Francisco

PLANNING DEPARTMENT

CITY AND COUNTY OF

SAN FRANCISCO

 

Notice of Hearing on Application

For Zoning Variance

 

CITY HALL - Room 408

1 Dr. Carlton B. Goodlett Place

 

Wednesday, February 24, 2010

 

Session Begins at 9:30 A.M.

 

 

Public Hearing

 


 

Lawrence Badiner, Zoning Administrator

Sonya Banks, Recording Secretary

 

 

 

 

Notice is hereby given to the general public and to owners of the subject property and other property within 300 feet that an application for variance under the Planning Code as described below has been filed with the Zoning Administrator.

 

Any remaining questions concerning this application review process may be answered by the Planning Information Center at (415) 558-6377.

Variance Calendars are available on the Internet at http://www.ci.sf.ca.us/planning/variance.htm.

 

 


 

Accessible Meeting Policy

 

Hearings are held at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408, Fourth Floor, San Francisco, CA.  The closest accessible BART Station is the Civic Center Station located at the intersection of Market, Hyde and Grove Streets.  Accessible curb side parking has been designated at points along McAllister Street. Accessible MUNI Lines serving City Hall are the 42 Downtown Loop, 9 San Bruno and 71 Haight/Noriega and the F Line.  Accessible MUNI Metro Lines are the  J, K, L, M, and N.  For more information regarding MUNI accessible services, call  (415) 923-6142.  American sign language interpreters and/or a sound enhancement system will be available upon request by contacting Lulu Hwang at (415) 558-6318 at least 72 hours prior to a hearing.  Individuals with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility.  In order to assist the City’s efforts to accommodate such people, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products.  Please help the City to accommodate these individuals.

 

 

Cell Phone and/or Sound-Producing Electronic Devices Usage at Hearings

 

Effective January 21, 2001, the Board of Supervisors amended the Sunshine Ordinance by adding the following provision: The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting.  Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.

 

Know Your Rights Under the Sunshine Ordinance

 

Government's duty is to serve the public, reaching its decisions in full view of the public.  Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business.  This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.

 

For more information on your rights under the Sunshine ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Adele Destro, Interim Administrator, 1 Dr. Carlton B. Goodlett Place, Room 409, by phone at (415) 554-7724, by fax at (415) 554-7854 or by E-mail at sotf@sfgov.org.

 

 

Attention: Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Admin.. Code 16.520 - 16.534] to register and report lobbying activity.  For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 1390 Market Street #701, San Francisco, CA 94102, telephone (415) 554-9510, fax (415) 703-0121 and web site http://www.ci.sf.ca.us/ethics/.


 

                                                                             

ZONING ADMINISTRATOR

                                          NOTICE OF HEARING ON

                                APPLICATION FOR ZONING VARIANCE

 

 

Notice is hereby given to the general public and to owners of the subject property and other property within 300 feet that an application for variance under the Planning Code as

described below has been filed with the Zoning Administrator and will be considered at a PUBLIC HEARING to be held on Wednesday, February 24, 2010, City Hall,  1 Dr. Carlton B. Goodlett Place, Room 408 as follows:

 

9:30 A.M.

 

A.      CONSENT CALENDAR

 

All items listed hereunder constitute a Consent Calendar and are considered to be routine by the Zoning Administrator.  There will be no separate discussion of these items unless a member of the public so requests, in which case the matter shall be removed from the Consent Calendar and considered as a separate item at this time or at a future hearing.

 

                                                                                                                       (AARON STARR)

1.         2010.0076V:   349 LYON STREET, Lot 003 in Assessor’s Block 1207 in an RH-3 (Residential, House, Three Family) Zoning district and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE:  The proposal is to construct a 8’ deep by 19.5’ wide 1-story rear addition at the ground floor of the existing 3-story, 2-unit building.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 20 feet.  The proposed rear addition would encroach approximately 1 foot into the required rear yard and result in a rear yard of approximately 19 feet; therefore, the project requires a variance from the rear yard requirement (Section 134) of the Planning Code.

                                                                                                                       (TOM WANG)

2.         2010.0020V:   238 – 240 VALLEY STREETLot 049 & 50 in Assessor’s Block 6614 in an RH-2 (Residential, House, Two Family) Zoning District and a 40-X Height and Bulk District.

 

                                    REAR YARD VARIANCE:  The proposed alteration to an existing two-story over garage, two-family dwelling includes (1) the removal of an existing rear stairway that provides the second and third floors with an access to the rear yard and (2) the construction of a new deck at the rear of the second and third floors, respectively, with a spiral stairway providing both proposed decks with an access to the rear yard.

  

SECTION 134(b)(2) OF THE PLANNING CODE requires a rear yard depth of 48 feet, measured from the rear property line, for the subject lot. The proposed second and third floor decks with a spiral stairway would encroach 12 feet into the required rear yard to within 36 feet of the rear property line.

 

SECTION 188 OF THE PLANNING CODE prohibits the reconstruction after demolition of a noncomplying structure except in full conformity with its requirements. The stairway, currently providing the second and third floors with an access to the rear yard, already extends into the required rear yard and is considered a noncomplying structure. Therefore, replacing the existing rear stairway with the proposed decks and spiral stairway would result in the reconstruction of a   noncomplying structure.

 

                                                                                                                                    (BEN FU)

3.                                 2009.0954V:   1261 GUERRERO, Lot 014 in Assessor’s Block 6513 in an RH-3 (Residential, House, Three Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE:  The proposal is to reconstruct an existing two-story rear deck and stairs that encroach into the required rear yard. 

 

PLANNING CODE SECTION 134 requires a rear yard for the 123’-0” deep lot of approximately 50’-0”. There is an existing 21’-0” deep carriage house located at the rear of the lot, originally constructed in 1901.  The subject property has a mid-lot open space of approximately 22’-0”.  The proposed rear deck and stairs further encroach approximately 5’-0” into the open space, leaving a mid-lot open space of approximately 17’-0”.

 

Planning Code Section 188 prohibits intensification or increase in any discrepancy at any level of a non-complying structure with standards set forth in the Code.  The existing building and deck are non-complying structures in terms of rear yard.  Reconstruction of the deck requires a Variance from the rear yard requirement (Planning Code Section 134).       

 

                                                                                                                                    (BEN FU)

4.                                 2009.0859V:   328 MONTCALM, Lot 014 in Assessor’s Block 5527 in an RH-1 (Residential,  House, One Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE:  The lot is irregularly shaped having a primary depth of 125’ and an extension at the rear to the east.  The proposal is to partially enclose and fill in approximately 7’ x 14’ of the northeast corner of the existing rear building and replacing a rear stair and deck in the lot extension.  

 

PER PLANNING CODESECTION 242, buildings on lots in a RH-1District and within the Bernal Heights Special Use District which have a depth greater than 70’-0” may not be deeper than 45’-6” measured from the front property line.  The existing building is located almost entirely within the required rear yard of a 125’-0” deep lot, leaving a rear yard of approximately 4’-0” and a front setback of approximately 73’-0”.  

 

PER PLANNING CODE SECTION 188, a non-complying structure is prohibited from intensification or increase in discrepancy at any level.  The existing building is a non-complying structure in terms of rear yard.  The proposed addition enlarges the existing non-complying building envelope.

 

Therefore, the project requires a Variance from the rear yard requirement (Planning Code Sections 134 and 242).

 

 

B.      REGULAR CALENDAR

 

                                                                                                                                   (SARA VELLVE)

5.         2010.0028V:   2614 BUCHANAN STREET, Lot 052 in Assessor’s Block 0579 in an RH-2 (Residential, House, Two Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE:  The proposal is to enlarge the 4th floor deck by filling in the approximately 3-foot-deep by 7-foot- wide “notches” at either side of the bay window at the existing deck/roof height only. The subject building is considered a noncomplying building as portions of it project into the required rear yard.

 

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 38 feet from the rear property line.  The proposed deck enlargement would encroach approximately 16 feet into the minimum required rear yard and result in a rear yard of 23 feet; therefore, the project requires a variance from the rear yard requirement of the Planning Code.

 

PER SECTION 134 OF THE PLANNING CODE the height of the building at the rear may not exceed 30 feet in height. The proposed deck enlargement is located approximately 39 feet above grade; therefore, the project requires a variance from the rear yard requirement of the Planning Code.

 

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure or unit. Because a portion of the existing building already encroaches into the required rear yard, it is considered a legal, noncomplying structure. Therefore, the expansion as proposed would be contrary to Section 188.

 

 

(CECILIA JAROSLAWSKY)

6.         2009.1146V:   706 SWEENEY STREET, Lot 048 in Assessor’s Block 5900 in an RH-1 (Residential, House, One Family) Zoning District and a 40-X Height and Bulk District.

                                    REAR YARD VARIANCE: The proposal is to legalize a 20-foot wide by 17-foot deep rear deck approximately 3-feet, 6-inches above grade, with a 20-foot wide by 17-foot deep and 13-foot tall enclosed gazebo.

PER SECTION 134 OF THE PLANNING CODE a rear yard of approximately 29.5 feet is required where 17 feet is proposed, therefore the project requires a variance from the rear yard requirement (Section 134) of the Planning Code.

PER SECTION 311 OF THE PLANNING CODE a separate 30-day notification will be completed for the building permit application associated with this project to property owners and occupants within 150 feet of the subject property.

 

                                                                                                                                                (BEN FU)

7.         2009.1083V:   1766 OAKDALE AVENUE, Lot 5312 in Assessor’s Block 018 in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD AND OFF-STREET PARKING VARIANCES:  The proposal is (1) to construct a new three-story rear addition without providing the required off-street parking, (2) to legalize existing rear building extensions, and (3) to construct a new rear extension (one-story addition with roof deck) to encroach approximately 12’-0”  into the required rear yard, leaving a rear yard of approximately 26’-7”.

 

PER PLANNING CODE SECTION 134, the subject property is required to maintain a rear yard of approximately 32 feet.  The existing rear extensions constructed without documentation encroach approximately 5 feet into the required rear yard and result in a rear yard of approximately 26 feet 7 inches.

 

PER PLANNING CODESECTION 151, one off-street parking space is required for each dwelling unit. The project does not propose to provide the required space. 

Therefore, the project requires a Variance from the rear yard and parking requirements (Planning Code Sections 134 and 151).

 

(BEN FU)

8.                                 2009.0858V:   910 YORK STREET, Lot 003 in Assessor’s Block 4414 in an RH-2 (Residential, House, Two Family) Zoning District and a 400-X Height and Bulk District.

 

PARKING AND REAR YARD VARIANCES:  The proposal is to legalize (1) the existing ground floor second dwelling unit without providing the required off-street parking, and (2) the existing rear extensions (bay window, decks and stairs) to encroach approximately 13’-0”  into the required rear yard, leaving a rear yard of 26’-0”.

PER PLANNING CODE SECTION 134, the subject property is required to maintain a rear yard of approximately 39 feet.  The existing rear extensions constructed without documentation encroach approximately 13 feet into the required rear yard and result in a rear yard of 26 feet.

PER PLANNING CODE SECTION 151, one off-street parking space is required for each dwelling unit.  The project does not propose to provide the second required space for the legalized dwelling unit. 

Therefore, the project requires a Variance from the rear yard and parking requirements (Planning Code Sections 134 and 151).

 

                                                                                                           (EDGAR OROPEZA)

9.                                 2009.0725V:  134 ELSIE STREET, Lot 011 in Assessor’s Block 5618 in a RH-2 (Residential, House, Two Family) Zoning District and a 40-X Height and Bulk District.

 

FRONT SETBACK, REAR YARD and CURB CUT VARIANCES:  The project proposes the new construction of a two-story single family dwelling.

 

SECTION 132 OF THE PLANNING CODE requires minimum front setback areas for every building located within all RH Districts.

 

SECTION 242 OF THE PLANNING CODE states that the maximum width of curb cuts allowed for new construction in the Bernal Heights Special Use District shall be 10 feet.

 

SECTION 242 OF THE PLANNING CODE requires a rear setback equal to 35 percent of the total depth of the lot on which the building is located within the RH -1 District.

 

In this case the required front setback for the proposed project would be approximately 10’-0’’ feet. The required rear yard would be would be approximately 24’-6’’ feet deep. The project proposes a front setback of approximately 6’-6’’, a rear yard of approximately 18’-6’’ feet, and a curb cut measuring 12’-0’’ wide.

 

 

 

           

 

 

 

 

 

 

 

 

Public Comment:

At this time, members of the public may address the Zoning Administrator on items of interest to the public that are within the subject matter jurisdiction of the Zoning Administrator except agenda items.  With respect to agenda items, your opportunity to address the Zoning Administrator will be afforded when the item is reached in the meeting.  Each member of the public may address the Zoning Administrator for up to three minutes.

 

The Zoning Administrator will not take action on any item not appearing on the posted agenda, including those items raised at public comment.  In response to public comment, the Zoning Administrator may:

 

(1)   respond to statements made or questions posed by members of the public;  or

(2)   request staff to report back on a matter at a subsequent meeting; or

(3)   direct staff to place the item on a future agenda.  (Government Code Section 54954.2(a))

 

 

 

 

 

 

ADJOURNMENT

 

 

Last updated: 11/9/2010 10:16:28 AM